ANKENY CITY COUNCIL

Regular Meeting

Monday, August 19, 2024
5:30 PM
Ankeny Kirkendall Public Library - City Council Chambers

1250 SW District Drive, Ankeny, Iowa

Mark Holm, Mayor
Bobbi Bentz, Mayor Pro-Tem

Council Members: Jeff Perry, Joe Ruddy, Todd Shafer, Kelly Stearns


All City Council meetings are open to the public. Assistive Listening Devices (ALD) are available for persons with impaired hearing. To request information in an alternative format or request an accommodation to participate in a City Council meeting, contact the Office of the City Clerk at 965-6405.

Anyone seeking assistance in communicating with the City should contact Relay Iowa at 1-800-735-2942 (TDY), or 1-800-735-2943 (Voice).

ELECTRONIC MEETING INFORMATION


https://zoom.us/j/97312992966?pwd=OEFocWZGS0NYUmtnVHNxcWZFak9Pdz09

 

Meeting ID: 973 1299 2966
Passcode: 1234

Dial in:  +1 312 626 6799; Meeting ID: 973 1299 2966; Passcode: 1234

 

PROCEDURAL ACTIONS:

CALL TO ORDER:

Mark Holm, Mayor

ROLL CALL:

Michelle Yuska, City Clerk

PLEDGE OF ALLEGIANCE:

Mark Holm, Mayor


CEREMONY: none
A.PUBLIC FORUM: none
B.APPROVAL OF AGENDA:
1.Approval of the August 19, 2024 Agenda
Action# B1-1. Consider motion to approve and accept the August 19, 2024 agenda, with or without amendment.

C.PUBLIC HEARING(S):
1.PH 2024-46Proposed vacation of a series of public easements east of SE Delaware Avenue, West of Interstate 35, and north of SE Corporate Woods Drive.
Action# C1-1. Consider motion to close Public Hearing 2024-46.

2.PH 2024-47Proposed Otter Creek Clubhouse Renovations
Action# C2-1. Consider motion to close Public Hearing 2024-47.

D.REPORTS OF ADVISORY BOARDS AND COMMISSION: none
E.APPROVAL OF CONSENT AGENDA:
Minutes
CA -1Approval of official council actions of the regular meeting of August 5, 2024, as published, subject to correction, as recommended by the City Clerk.
CA -2Receive and file minutes of the Plan and Zoning Commission meeting of July 16, 2024.
CA -3Receive and file minutes of the Zoning Board of Adjustment meeting of July 2, 2024.
Licenses and Permits
CA -4

Consider motion to approve the issuance of a special permit to Eric Weichers for the purpose of bow hunting on private property within the city limits pursuant to Municipal Code Section 41.11(3).

CA -5

Consider motion to approve the issuance of Cigarette/Tobacco/Nicotine/Vapor Permits for August 19, 2024 - June 30, 2025.

CA -6

Consider motion to approve the issuance of liquor licenses and beer/wine permits in the City of Ankeny.

Finance/Budget
CA -7Consider motion to receive and file Financial Reports for July 2024.
CA -8Consider motion to receive and file Building Permit Report for July 2024.
CA -9Consider motion to receive and file Utility Billing Report for July 2024.
CA -10

Consider motion to approve Change Order #1 increasing the contract amount by $1,750.00 to Caliber Concrete, LLC, for construction services on the 2024 Pavement Preservation Program - SE Shurfine Drive project.

CA -11

Consider motion to approve Change Order #1 increasing the contract amount by $2,145.00 to Manatt's Inc., for construction services on the SW Magazine Road & SW State Street Intersection Improvements - West Leg project. 

CA -12

Consider motion to approve Change Order #1 increasing the contract amount by $25,970.00 to On Track Construction, LLC, for construction services on the 2023 Annual Storm Sewer Repairs project. 

CA -13

Consider motion to approve Change Order #2 increasing the contract amount by $19,569.60 to Sternquist Construction, for construction services on the 2024 PCC Reconstruction Program - NW Westwood Street project.

CA -14

Consider motion to approve Payment #5 in the amount of $40,973.02 to Absolute Concrete Construction, for construction services on the NW Northlawn Area Utility Improvements - Phase 3 project.

CA -15

Consider motion to approve Payment #1 in the amount of $161,582.65 to Absolute Concrete Construction, for construction services on the SW Oralabor Road & SW Edgewood Lane Intersection Improvements project.

CA -16

Consider motion to approve Payment #1 in the amount of $192,310.40 to Caliber Concrete, LLC, for construction services on the 2024 Pavement Preservation Program - SE Shurfine Drive project.

CA -17

Consider motion to approve Payment #16 in the amount of $6,229.10 to Civil Design Advantage for engineering services on the NW 36th Street and NW Weigel Drive HMA Resurfacing project.

CA -18

Consider motion to approve Payment #1 in the amount of $63,913.10 to Civil Design Advantage for engineering services on the SE Creekview Drive Extension (RISE) project.

CA -19

Consider motion to approve Payment #5 in the amount of $27,442.00 to Civil Design Advantage, LLC, for engineering services on the Westlawn Place Area Utility Improvements - Conceptual Design project.

CA -20

Consider motion to approve Payment #2 in the amount of $249,040.74 to Concrete Technologies, Inc., for construction services on the 2024 PCC Reconstruction Program - NW Ash Drive project.

CA -21

Consider motion to approve Payment #13 in the amount of $992,744.38 to Elder Corporation, for construction services on the NE Delaware Avenue Reconstruction - NE 5th Street to Fourmile Creek project.

CA -22Consider motion to approve Payment #9 in the amount of $17,060.99 to Foth Infrastructure and Environment, LLC for engineering services on the North Four Mile Trunk Sewer - Phase 2 project.
CA -23Consider motion to approve Payment #26 in the amount of $17,487.92 to Foth Infrastructure and Environment, LLC for engineering services on the North Four Mile Creek Trunk Sewer project.
CA -24Consider motion to approve Payment #20 in the amount of $12,700.04 to HDR Engineering, Inc., for engineering services on the NW Irvinedale Elevated Storage Tank project.
CA -25

Consider motion to approve Payment #8 in the amount of $2,115.65 to HGS, LLC, for construction services on the Rock Creek Greenbelt - Native Vegetation project.

CA -26Consider motion to approve Payment #4 in the amount of $365,183.80 to HPC, LLC for construction services associated with the Ankeny Fire Station No. 4 project.
CA -27

Consider motion to approve Payment #3 in the amount of $78,773.24 to Iowa Civil Contracting, Inc., for construction services on the 2024 PCC Pavement Preservation Program - Crack and Jointing Filling project.

CA -28Consider motion to approve Payment #13 in the amount of $4,400.00 to ISG (I&S Group) for design and construction work on the High Trestle Trail Park Phase 1 project. 
CA -29

Consider motion to approve Payment #4 in the amount of $104,379.83 to Jasper Construction Services, Inc., for construction services on the SE Delaware Avenue and SE 54th Street Traffic Signal project.

CA -30

Consider motion to approve Payment #1 in the amount of $34,394.12 to JCG Land Services, Inc., for construction services on the NW 18th Street Reconstruction - NW Ash Drive to N Ankeny Blvd project.

CA -31Consider motion to approve Payment #10 in the amount of $17,175.91 to Kirkham Michael & Associates, Inc., for engineering services on the NE 62nd St Box Culvert Design project.
CA -32Consider motion to approve Payment #11 in the amount of $21,534.93 to Kirkham Michael & Associates, Inc., for engineering services on the NE 62nd St Box Culvert Design project.
CA -33Consider motion to approve Payment #3 in the amount of $92,689.37 to Manatt's Inc., for construction services on the SW Magazine Road & SW State Street Improvements - West Leg project.
CA -34

Consider motion to approve Payment #5 in the amount of $18,762.50 to McClure Engineering Company, for construction engineering services on the SW Des Moines Street Utility Improvements project.

CA -35

Consider motion to approve Payment #3 in the amount of $25,945.45 to On Track Construction, LLC for construction services on the 2023 Annual Storm Sewer Repairs project.

CA -36

Consider motion to approve Payment #1 in the amount of $69,243.12 to On Track Construction, LLC for construction services on the 2024 Annual Storm Sewer Repairs project.

CA -37

Consider motion to approve Payment #11 in the amount of $293,919.08 to On Track Construction, LLC for construction services on the NW Northlawn Area Utility Improvements - Phase 2.

CA -38Consider motion to approve Payment #4 in the amount of $134,730.62 to Rognes Corporation, for construction services on the SE 3rd Street Improvements - Phase 2 project.
CA -39Consider motion to approve Payment #7 in the amount of $17,000.00 to Romtec Companies for construction services on the Rally Complex Restroom project.  
CA -40

Consider motion to approve Payment #3 in the amount of $3,843.03 to Snyder & Associates, for engineering services on the Sawgrass Park Dam Improvements project.

CA -41

Consider motion to approve Payment #2 in the amount of $65,380.57 to Sterquist Construction, for construction services on the 2024 PCC Reconstruction Program - NW Westwood Street project.

CA -42Consider motion to approve Payment #16 in the amount of $8,764.94 to SVPA Architects Inc. for design services associated with the Ankeny Fire Station No. 4 project.
CA -43

Consider motion to approve Payment #4 in the amount of $96,957.95 to TK Concrete, Inc., for construction services on the 2024 PCC Street Patching project.

CA -44

Consider motion to approve Payment #2 in the amount of $76,864.50 to Vice Construction, for construction services on the 2024 Pedestrian Ramp Improvements Program - Northbrook project.

CA -45Consider motion to approve the August 19, 2024 Accounts Payable. 
CA -46Consider motion to approve the purchase of a 2025 Ford Passenger Van AWD for the Parks & Recreation Department in an amount not to exceed $55,460.95.
Community Development Items
CA -47

Consider motion to adopt RESOLUTION accepting final plat, warranty deed to streets, and platted easements for the Crossings at Deer Creek Plat 15.

CA -48Consider motion to adopt RESOLUTION accepting a public gas and public utility easement associated with the development of Manatt Estates.
CA -49Consider motion to adopt RESOLUTION accepting a Storm Water Management Facility Maintenance Covenant and Permanent Easement Agreement, located on the property at 810 SE 54th Street and associated with the development of the Chicago Tube and Iron Dock Addition Site Plan.
CA -50

Consider motion to adopt RESOLUTION providing for the notice and hearing of the City Council of the City of Ankeny, Iowa, to amend The Ankeny Plan 2040 Comprehensive Plan, Figure 12.10, Future Land Use Map, to reclassify certain property owned by Moeckly Family Farm, LLC from Medium Density Residential to Neighborhood Commercial located at the northeast corner of the intersection at NW 18th Street and NW Weigel Drive. (date of hrg: 9/3/24 @ 5:30p.m.).

CA -51

Consider motion to adopt RESOLUTION providing for the notice and hearing of the City Council of the City of Ankeny, Iowa, to rezone certain property owned by Moeckly Family Farm, LLC located north of NW 18th Street and East of NW Weigel Drive. (date of hrg: 9/3/24 @ 5:30 p.m.)

Engineering Items
CA -52Consider motion to adopt RESOLUTION accepting a proposal from HMG Land Management in the amount of $55,350.00 for the construction of the 2024 Native Vegetation Maintenance project.
CA -53

Consider motion to adopt RESOLUTION authorizing the execution of a Construction of Curb Ramps funding agreement between the Iowa Department of Transportation (DOT) and the City of Ankeny, Iowa, for the sharing of construction costs for the proposed North Ankeny Boulevard Improvements - 1st Street to 11th Street project.

CA -54Consider motion to adopt a RESOLUTION authorizing the execution of a Federal-Aid Agreement for Iowa's Clean Air Attainment Program (ICAAP) funding between the Iowa Department of Transportation (DOT) and the City of Ankeny, Iowa for the sharing of project costs for the proposed North Ankeny Boulevard Improvements - 1st Street to 11th Street project.
CA -55

Consider motion to adopt RESOLUTION authorizing the execution of an Urban-State Traffic Engineering Program (U-STEP) funding agreement between the Iowa Department of Transportation (DOT) and the City of Ankeny, Iowa, for the sharing of construction costs for the proposed North Ankeny Boulevard Improvements - 1st Street to 11th Street project.

CA -56Consider motion to adopt RESOLUTION accepting maintenance bond for utilities in The Crossings at Deer Creek Plat 15.
CA -57Consider motion to adopt RESOLUTION accepting maintenance bond for subgrade in The Crossings at Deer Creek Plat 15.
CA -58Consider motion to adopt RESOLUTION accepting maintenance bond for paving within in The Crossings at Deer Creek Plat 15 subdivision.
Capital Improvement Projects
CA -59

Consider motion to adopt RESOLUTION approving contract and bonds with Mainline Construction, Inc. in the amount of $868,754.00 for the High Trestle Trail Experience Park - Phase 1 project.

CA -60

2024 Pedestrian Ramp Improvements Program - NE 18th Street:  Consider motion to approve: a) Final Change Order #1 increasing the contract amount by $16,145.00; b)  Certificate of Completion; c) RESOLUTION accepting the public improvements with MNM Concrete Specialist in the amount of $168,030.00; and d) Final Payment #2 in the amount of $73,135.75; Retainage Payment in the amount of $8,401.50.

CA -61

2024 Sidewalk Gaps and Replacements Improvement ProgramConsider motion to approve: a) Final Change Order #1 increasing the contract amount by $10,156.00: b) Certificate of Completion; c) RESOLUTION accepting the public improvements with Howrey Construction, Inc. in the amount of $129,654.00; and d) Final Payment #2 in the amount of $56,812.85 and Release of Retainage in the amount of $6,482.70.

Administrative Items
CA -62Consider motion to approve a 28E Agreement between the City of Ankeny, Iowa and the Ankeny Community School District for the purpose of information sharing.
CA -63

Consider motion authorizing the Ankeny Police Department to enter into an agreement with the Iowa Department of Public Safety to formalize the collaboration between participating law enforcement agencies to combat human trafficking.

CA -64Consider motion to receive and file the Ankeny SummerFest 2024 Report.
CA -65Consider motion to adopt RESOLUTION authorizing the City of Ankeny, Iowa to submit an application for grant funding from the Iowa Department of Natural Resources in the amount of $9,982.60 through the Fall 2024 Community Forestry Program, with the City match in the amount not to exceed $4,991.30 for tree planting projects.
CA -66

Consider motion to adopt RESOLUTION authorizing the City of Ankeny to submit an application for funding through the Polk County Community Development Grant Program for amenities associated with the High Trestle Trail Experience Park and commitment of matching funds for proposed improvements.

Approval of Consent Agenda Items
1.Consent Agenda Items CA-1 through CA-66
Action# E1-1. Consider motion to approve the recommendations for Consent Agenda Items CA-1 through CA-66.

F.SUPPLEMENTAL AND REMOVED CONSENT AGENDA ITEMS: none
G.RECESS - Mark Holm, Mayor
H.LEGISLATIVE BUSINESS:
Approval of Ordinances:
1.Ord 2176An Ordinance amending Chapter 69 Parking Regulations of the Municipal Code of the City of Ankeny, Iowa, by amending Section 69.10 No Parking on North and East Sides of Streets, and Section 69.11 No Parking on Both Sides. 

Action# H1-1. Consider motion to accept second consideration of ORDINANCE 2176.

Action# H1-2. Consider motion to accept request to suspend the rule that all ordinances must be considered on three different days and accept third consideration of ORDINANCE 2176, sending it on its final passage and publication as required by law.

2.Ord 2177An Ordinance amending Chapter 4 of the code of ordinances of the City of Ankeny, Iowa, by amending provisions pertaining to alternative penalties.
Action# H2-1. Consider motion to accept second consideration of ORDINANCE 2177.

Action# H2-2. Consider motion to accept request to suspend the rule that all ordinances must be considered on three different days and accept third consideration of ORDINANCE 2177, sending it on its final passage and publication as required by law.

3.Ord 2178An Ordinance vacating a series of public easements located east of SE Delaware Avenue, west of Interstate 35 and north of SE Corporate Woods Drive. (PH 2024-46)
Action# H3-1. Consider motion to accept first consideration of ORDINANCE 2178.

4.Ord 2179An Ordinance amending Chapter 142 Mobile Food Vendors of the Municipal Code of the City of Ankeny, Iowa, by amending provisions pertaining to scheduled violation. 
Action# H4-1. Consider motion to accept first consideration of ORDINANCE 2179.

I.OLD BUSINESS: none
J.NEW BUSINESS:
1.Proposed Otter Creek Clubhouse Renovations (PH 2024-47)
Action# J1-1.

Consider motion to adopt 1) RESOLUTION adopting plans, specifications, form of contract and estimate of cost $191,800.00; 2) receive and file report of bids received August 13, 2024; 3) adopt RESOLUTION making award of construction contract with Eick & Day Construction in the amount of $173,500.00; and 4) adopt RESOLUTION approving contract and bonds with Eick & Day Construction in the amount of $173,500.00.



2.Hubbell Realty Company on behalf of On With Life — Request to suspend enforcement of construction noise levels in the City’s Noise Control ordinance, Chapter 44 of the Ankeny Municipal Code.
Action# J2-1. Consider motion to approve or deny the request by Hubbell Construction, on behalf of On With Life to suspend enforcement of certain provisions of Chapter 44.

K.ADMINISTRATIVE BUSINESS:
Report of the City Staff:
City Manager
City Attorney
Report of the Governing Body:
Mayor

City Council Members:
Council Member Bentz
Council Member Perry
Council Member Ruddy
Council Member Shafer
Council Member Stearns
Future Council Agenda Items:
  • Public Hearing - amend the Ankeny Plan 2040 Comp Plan, Figure 12.10, Future Land Use Map - Moeckly Family Farm, LLC - 9/3/24 @ 5:30 p.m.
  • Public Hearing - rezone - Moeckly Family Farm, LLC - 9/3/24 @ 5:30 p.m.
  • Council Action Planning Session - 9/3/24 @ 5:30 p.m.
  • Council Action Planning Session - 9/16/24 @ 5:30 p.m.
L.ADJOURNMENT
1.Adjournment
Council Action Planning Session will commence following adjournment of regular meeting.